- J.D., University of Arkansas School of Law, Fayetteville, magna cum laude; Editorial Board, Arkansas Law Review
- B.A., Davidson College
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Eastern District of Arkansas
- U.S. District Court for the Western District of Arkansas
- U.S. District Court for the Eastern District of Texas
International Association of Privacy Professionals, Certified Information Privacy Professional (CIPP/US)
American Bar Association (Standing Committee on Public Education, YLD liaison, 2012-2014)
- Judge Henry Woods American Inn of Court
Fred Davis is a partner based in the firm’s Little Rock office, where he works with the commercial trial practice and corporate groups.
His litigation practice focuses on significant disputes, including technology, consumer protection, data management, and brand technology and brand issues. Fred also serves as strategic counsel to emerging companies on corporate matters. He tackles legal priorities and challenges with deep client knowledge and value-driven investments in firm experts.
As both a member of firm litigation teams and lead counsel, Fred has resolved over 40 disputes pretrial through early dismissal or settlement and tried multiple cases to verdict, including a favorable jury verdict in a patent infringement dispute in Minneapolis. He has written over 20 appellate briefs in the Eighth Circuit, Federal Circuit, Arkansas Supreme Court, and Arkansas Court of Appeals. Fred has also advised clients on internal investigations; founder agreements; entity formation; intellectual property protection; debt and equity financing; corporate governance initiatives; technology transactions; mergers and acquisitions; data breach response; and equity compensation.
Fred is barred in Arkansas and Texas, and his practice extends across the country. A Certified Information Privacy Professional (CIPP/US), Fred has years of data privacy and security experience, with an emphasis on cybersecurity. Prior to joining the firm, he served as law clerk to the United State Attorney’s Office for the Western District of Arkansas and in-house counsel to a regional health insurer through its acquisition by one of the nation’s largest healthcare systems and implementation of health care reform.
Fred is proud of his pro bono and volunteer work. He has advocated for minors and disabled persons in need of guardianship, abandoned immigrant children, persons in need of guardianship, and individuals facing religious persecution.
Fred volunteers as a director of ACCESS Group, Inc., a non-profit delivering exceptional services to intellectually and developmentally disabled persons across Arkansas. He is a long-time supporter of the Arkansas Symphony Orchestra; the Oxford American literary magazine; and Little Rock Central High School. He serves as ambassador for his graduating class at Davidson College.
Recent Publications & Presentations
- “The Seven Deadly Sins – A Legal Perspective,” Judge Henry Woods American Inn of Court (January 14, 2020), led group presentation and skit discussing legal ethical issues implicated by envy.
- “Patent Litigation: Could Arkansas be Home to More Suits after TC Heartland,” The Arkansas Lawyer (Fall 2018)
- "Second Circuit Holds TCPA Consent Given In Contract Cannot Be Revoked,” Arkansas Association of Defense Counsel Newsletter (Jan. 2018)
- "Arkansas Supreme Court Rules Pre-Dispute Contractual Jury-Trial Waivers Unenforceable,” Client Alert (Jan. 2018)
- "Landmark Arkansas Cases: Johnson v. Rockwell," Judge Henry Woods American Inn of Court (February 14, 2018) (presentation), discussing the history of tort reform and separation of powers between judicial and legislative branches, including proposed ballot measure amending the Arkansas Constitution.
- United States Attorney’s Office for the Western District of Arkansas in Fort Smith (law clerk)
- Judge Robin Wynne, Arkansas Court of Appeals (law clerk, 2012)
- Office of the General Counsel, University of Arkansas, Fayetteville (student law clerk)
- ACCESS® Group, Inc. (Board of Directors; Development Council; Co-chair, Bingo Bash, 2017)
- Arkansas Symphony Orchestra (SHARP member)
- Oxford American (OA Society member)
Corporate Counsel, Technology, and Data Privacy and Security
- Investigation into allegations related to and the production of testimony and documentary evidence responsive to SEC subpoena related to investment by large institutional investor.
- Outside general counsel for cybersecurity risk scoring company.
- Team member securing preliminary injunction in first-of-its-kind Arkansas cannabis dispensary trademark dispute after virtual hearing under pandemic-era restrictions.
- Advised industry leading data-management company on compliance with data privacy and security regulations, including requirements related to the TCPA, HIPAA, HITECH, and the Affordable Care Act.
- Defended patent infringement action Bombardier Recreational Products and BRP U.S. Inc. v. Arctic Cat (D. Minn.) involving recreational vehicle technology. After a three week-trial, Arctic Cat prevailed when the jury invalidated the asserted patents.
- Briefed successful defense of patent invalidity jury verdict to Federal Circuit Court of Appeals.
- Formation and post-acquisition counsel to fund in energy services industry.
- Advised university on intellectual property portfolio, including trademark protection and licensing.
- Represented technology and financial services company in protecting trade secret and proprietary information from public disclosure under the Arkansas Freedom of Information Act (Ark.).
Class Action and Consumer Protection Defense and Other Litigation
- Successful defense of Magnuson Moss Warranty Act claims brought against multiple Fortune 500 manufacturer and retailer defendants, including removal to federal against novel arguments of Class Action Fairness Act preemption (E.D. Ark.).
- Dismissal of data breach class action after successfully compelling individual claim to arbitration on motion for summary judgment (W.D. Ark.).
- Favorable defense award against LLC member claims, including attorneys’ fees, in arbitration after week-long hearing.
- Member of team successfully defending six consumer class-action lawsuits regarding bank and credit union account fees, resulting in dismissal of all six cases, including dismissal on motion to dismiss of putative class action claims related to public bank client’s overdraft and insufficient funds fees disclosed in account agreement.
- Successful defense of energy company in competing royalty class actions and mass actions of more than 12,000 class members filed in state and federal courts, including CAFA removal, opposition to class certification, appeal of overlapping class-certification decisions, dispositive motions, and trial (E.D. Ark., Ark.).
- In federal case Smith v. SEECO, Inc. et al. (E.D. Ark.), after a two-week trial, co-counsel and firm team achieved a complete defense victory, with the jury rejecting the plaintiff’s claim for $300 million in actual and punitive damages and penalties.
- Winning favorable resolution of competing shareholder class actions and individual suits in state and federal court seeking to block merger transaction of publicly held client (E.D. Ark., Ark.).
- Defense of related securities class actions and dismissal of shareholder derivative suits against public bank client after stock price drop (Ark., E.D. Ark., S.D.N.Y.).
- Successfully defeated statewide-initiative petition challenging Arkansas Act 579 of 2019 regarding the expanded scope of the practice of optometry. After trial before a special master and extensive briefing to the court, successfully persuading the Arkansas Supreme Court to invalidate the putative referendum petition.
- Successful pre-certification defense and dismissal of putative Telephone Consumer Protection Act (TCPA) class action against healthcare information, services, and technology company (E.D. Ark.).
- Defense of single-plaintiff TCPA claim alleging hundreds of unauthorized, automated calls against financial services and technology company, successfully compelling arbitration and achieving nominal settlement (E.D. Ark.).
- Represented Muslim inmate in religious exercise claims under the First Amendment and RLUIPA against the Arkansas Department of Corrections. After a federal bench trial (E.D. Ark.), the court found the Department’s meal-plan policy violated the federal statute and constitution by burdening Mr. Muhammad’s sincere religious belief that he keeps a halal diet and consume meat daily and that the Department failed to show its policy was related to legitimate prison concerns. On appeal (8th Cir.), circuit court reversed judgment based on failing to exhaust administrative remedies.
- Obtained state court predicate orders for applications of abandoned immigrant children for special immigrant juvenile status (Ark.).
The Best Lawyers in America®, Litigation – Patent, 2024
Super Lawyers, Mid-South “Rising Star,” 2017-2022
American Society of Law, Medicine and Ethics, Health Law Student Award, 2011